The consequences of a sexual crime conviction are extremely grave.
Because of the highly reprehensible nature of sexual offences , the Criminal Code provides for severe penalties up to life imprisonment . Regardless of the nature of the charge and its merits, one thing is certain: it is in your best interest to take it seriously and to consult a lawyer quickly.
If you have been charged with sexual assault, unlawful sexual contact, or child pornography, you must consult with a lawyer experienced in sexual offenses as soon as possible.
JuriGo explains in detail how to get a complete defence from a lawyer. Fill out the form on this page and let us find a qualified attorney to handle your case!
Accused of a sex crime? You are presumed innocent!
Whatever offence you are accused of, remember one thing: you are presumed innocent until proven guilty! The presumption of innocence is a key principle of law that applies to all offences, no matter how serious or heinous.
A sex crime charge is no exception to this rule! You are presumed innocent until the Crown Prosecutor has proven your case beyond a reasonable doubt.
This means that the prosecution lawyers have the burden of proof. Your lawyer’s job is not to prove your innocence but to rebut the Crown's presumptions so that the case against you will not be a convincing one.
As long as there is a reasonable doubt, a guilty verdict cannot be rendered against you. Find a lawyer who can cast help you cast doubt on the charges laid against you!
What are the consequences of a conviction for sex crimes?
As mentioned at the outset, the consequences of a sex crime are extremely serious and will follow you throughout your life if you are convicted.
So what are the concrete consequences of a conviction for sex crimes?
- Criminal record
- Imprisonment (ranging from 6 months to life in prison, depending on the nature of the crime)
- Registration on the Sex Offender Registry
Convicted of a sex crime against a minor? The consequences could be even more far-reaching, as you could be banned from many public places such as parks, sports fields, public swimming pools, and other places frequented by children.
Are you hoping to apply for a pardon for a sex crime? Not so fast!
In order to apply for a pardon for a sex crime conviction, you will have to wait a minimum of 10 years after you have served your sentence (however long it was).
The fact is that if you were convicted of a sexual offence against children, you will never be eligible to apply for a pardon!
ALL possible defenses to a sex crime charge
Your criminal lawyer's role is to develop a customized defense. It must be built around the facts and the charges you are facing.
There are several defenses for a sex crime charge - here are the main defenses that apply to YOUR situation!
Defence of Mistaken Age
This defence alleges that the accused honestly believed that the victim was of legal age of consent to sexual contact. The accused must have taken reasonable steps to verify the victim’s age.
The Defence of Consent
With a defence of consent, the accused will argue that the victim consented to sexual contact at the time of the offence. It is meant to raise reasonable doubt by contradicting the coercive nature of the actions alleged. An error of fact based on a genuine belief of the accused must be shown in order to dispel the criminal nature of the act.
The victim's credibility defence
This defence attacks the victim's credibility in order to demonstrate contradictions in his or her version of events and to cast doubt on the veracity of the acts alleged.
Choosing the right defense can mean the difference between a guilty and not guilty verdict.
Now that you know the possible defences that are open to you, you can now understand the importance of allowing an experienced criminal lawyer to handle your case.
What is sexual assault under the Criminal Code?
There are three types of sexual assault in Canada! These are grouped under one offence in the Criminal Code, with aggravating circumstances added depending on the facts.
Simple sexual assault
This first level of sexual assault refers to any physical contact of a sexual nature without the person's consent. This charge can be justified for non-consensual sexual relations as well as for touching.
Sexual Assault with a Weapon
A charge of sexual assault with a weapon is called for when the offender uses a weapon, an imitation weapon, or threatens to use a weapon in the commission of the offence. Inflicting injury or threatening to inflict injury will also fall under the charge of sexual assault with a weapon.
Aggravated Sexual Assault
This charge is the most serious since it implies that the aggressor injured, mutilated, disfigured, or endangered the life of the victim during the assault. The consequences of this assault are therefore all the more serious.
The type of sexual assault you are accused of will have a significant impact on the applicable prison sentence! Understand the possible prison sentences for the different types of sexual assault offences right here!
Possible prison sentences for sexual assault
The Criminal Code is very serious about sex crimes as you can quickly see by looking at the table of prison sentences. Ranging from 1 year to life imprisonment, those convicted of sexual assault are likely to end up behind bars.
Prison sentences vary depending on the type of sexual assault committed! See for yourself how severe the sentences are.
| Sexual assault by way of summary conviction | Sexual assault by way of criminal indictment | |
|---|---|---|
| Simple Sexual Assault | Minimum sentence of 90 days (Victim under 16) Maximum sentence of 18 months | Minimum sentence of 1-year imprisonment (Victim under 16) Maximum sentence of 10-year imprisonment. |
| Sexual Assault with a Weapon | Not applicable | Between 4 and 7 years in prison (if a firearm was used) Maximum sentence of 14 years in prison. |
| Aggravated Assault | Not applicable | Between 4 and 7 years in prison. (if a firearm was used) Maximum sentence of 14 years in prison. |
What is the difference between summary and criminal charges?
Summary offences are those that have a lower threshold of seriousness under the criminal law which allows for a quicker process and less severe consequences for the victim.
However, as you can see from the table above, there are limited opportunities for summary conviction in sexual assault cases because of the inherent seriousness of the offence charged.
However, as you can see from the chart above, there are limited opportunities for summary conviction in sexual assault cases due to the inherent seriousness of the offence.
Sentences can vary for the same offence, how does the judge decide? In criminal matters, judges have a certain amount of discretion in determining the sentence of a person found guilty.
The judge must respect the main principles of sentencing, namely:
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Proportionality between the seriousness of the offence and the length of imprisonment
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Aggravating and mitigating circumstances
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The harmonization of sentences
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The victim's statements
NOTE: If the offence the accused is charged with carries a minimum sentence, the judge must follow it and cannot give a more lenient sentence .
Can you be charged with rape and indecent exposure?
Even though the term "rape" is still frequently heard, you should know that this offence no longer exists in the Criminal Code since 1983!
In fact, the Criminal Code was reformed at that time, abolishing the crime of rape. This offence was replaced by the offence of sexual assault!
This was done because rape is an offence with a definition limited to assaults involving full sexual intercourse whereas the definition of sexual assault is much broader.
Does this mean that you can no longer be charged with a past rape?
No. Criminal law does not impose a limitation period on the victim. It is therefore possible to be charged with an offence committed at the time that the offence of rape still existed.
Under criminal law, there is a principle that an accused person is tried according to the law that applied at the time the offence was committed. This means that it is still possible to be charged with rape if the offence was committed before 1983.
Have you been charged with a crime that happened many years ago? A criminal lawyer will be able to inform you of the nature of the charges against you in order to help you prepare a defence!
Child pornography is a serious crime!
What exactly is a child pornography charge?
Criminal law considers child pornography to be a form of sexual exploitation. The context of violence that surrounds the production of this type of material makes it an extremely serious offence.
What are the penalties following child pornography charges?
| Minimum Sentence | Maximum Sentence | |
|---|---|---|
| Production and distribution of child pornography | 1 year imprisonment | 14 years imprisonment |
| Possession of child pornography | 6 months imprisonment | 10 years imprisonment |
There are many forms of child pornography but any video, photographic, audio, or written material that shows parts of a minor's body for sexual gratification will constitute child pornography!
What you may not know about the age of sexual consent
In 2008, the age of sexual consent was raised from 14 to 16. It is now a well-known fact that the age of consent is 16, yet age-related charges are common.
There are some nuances in the law regarding the age of sexual consent which can be summarized as follows!
A child under the age of 12 can never consent to a sexual act
Consent is possible between individuals of 12 and 14 years of age, but only with an age difference of 2 years maximum.
Consent is possible between people aged 14 to 16 years old but only if the age difference is not more than 5 years.
Are you being charged with a sex crime related to the age of sexual consent?
Not everyone is familiar with the nuances of the age of sexual consent as explained above. However, this is not important in the eyes of the courts which consider that consent given by a person who is considered unfit to consent by law is invalid.
It is in your best interest to have an experienced criminal lawyer handle your case if you are facing such an indictment!
The Quebec Sex Offender Registry: What you need to know!
What is the National Sex Offender Registry (NSOR)?
It is a registry containing the personal information of individuals convicted of a sexual offence. An individual convicted of a sexual offence is required to register following his or her conviction or release from prison.
Registration in the NSOR is automatic when a person is found guilty of one of the following crimes!
- Sexual Assault (All Types)
- Invitation to sexual touching
- Child pornography
- Bestiality
- Sexual exploitation
- Exhibitionism
- Incest
- Child pornography
- Selected offences related to the commission of a sexual offence
- Conspiracy to commit the above offences
The Sex Offender Registry is not open to the public and is accessible only by authorized officials but it does contain the personal information of offenders who are required to register.
A guilty verdict will force you to register on the Sex Offender Registry - it's best to have an experienced criminal lawyer prepare a defence!
A criminal lawyer is your best bet!
Sex crimes get a lot of bad press nowadays and with good reason! Anyone facing such an accusation should quickly turn to a criminal lawyer. He or she will be able to:
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Evaluate the charges against you
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Give an opinion on your chances of success
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Negotiate with the Crown Prosecutor (drop or reduce the charges)
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Prepare your defence for trial
If you hope to get out of this situation and obtain a not guilty verdict, your best bet is to hire an experienced criminal lawyer.
You have the right to a defense! Find your lawyer with JuriGo!
Your lawyer's role is not to judge you but to defend you!
Anyone accused of a crime is entitled to a complete defense by a qualified legal professional . A criminal lawyer is the professional you need to get out of sex crime charges.
Take the next step towards a full defense by contacting JuriGo today! By filling out our form at the bottom of the page, we will connect with an experienced criminal lawyer for free.
JuriGo's services are free and without obligation!